Part 1

Tobacco and nicotine vapour products etc.
Chapter 1

Display, sale and purchase

Miscellaneous

Confiscation of tobacco products from persons under 18
7
1
Where a constable has reasonable grounds for suspecting that a person in a public place—
a
is under the age of 18, and
b
is in possession of a tobacco product or cigarette papers,
the constable may require the person to surrender the tobacco product or, as the case may be, the cigarette papers to the constable.
2
A constable making a requirement under subsection (1) may also require the person to supply the constable with the person's name and address.
3
Where a constable makes a requirement under subsection (1) the constable must inform the person concerned—
a
of the constable's suspicion, and
b
of the fact that failure to comply with a requirement made under subsection (1) or (2) is an offence.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A person who fails to comply with a requirement made under subsection (1) or (2) commits an offence.
6
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
7
The constable may dispose of any tobacco product or cigarette papers surrendered to the constable in such manner as the constable considers appropriate.
8
In this section “public place” includes—
a
any place to which the public have access for the time being (whether on payment of a fee or otherwise), and
b
any place to which the public do not have access but to which the person mentioned in subsection (1) has unlawfully gained access.
S. 7 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.
Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.
Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.
S. 7(4) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 23; S.S.I. 2017/345, art. 3, sch.